Major 1 Flashcards
The force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider it necessary and reasonable to: gain compliance with a lawful order, overcome resistance, effect custody, subdue an attacker.
Reasonable force
The force that is used when none is required or appropriate
Unnecessary force
The use of more force than is objectively reasonable to accomplish a lawful purpose
Excessive force
For us that is likely to result in death
Deadly force
The force used to respond without delay to inmates behavior that constitutes and imminent threat to institution security or safety of persons
Immediate use of force
Force used in an institutional setting, when an inmates presence poses a threat to safety or security and the inmate is located in an area that can be controlled or isolated. Requires authorization and presence of a first or second level manager, or administrative officer of the day during nonbusiness hours.
Controlled use of force
Force that utilizes techniques or instruments that are not specifically authorized in policies procedures or training
Non-conventional use of force
CDCR use of force options
Chemical agents, hand held batons, physical strengths in old, less lethal weapons and lethal weapons
Three requirements using controlled use of force
- Authorization and the presence of a first or second level manager or an AOD during nonbusiness hours
- Shall not be accomplished without the physical presence of a licensed healthcare staff and shall be video recorded
- Verbal warning shall be issued prior to a controlled use of force.
The four situations deadly force may be used.
To defend the employee or other persons from immediate threat of death or GBI
To prevent an escape of custody
To stop acts such as arson or riots that constitutes immediate jepordy to the institution that can lead to death or GBI
To dispose of seriously injured or dangerous animals when there is no other practical disposition
When shall an employee report the use of force or report use of force observed.
Any employee shall report it to the supervisor as soon as practical and follow up with appropriate documentation, prior to being relieved from duty. (Crime/incident report, CDCR 837-c)
Actions to take when you observe and or become aware of an allegation of unnecessary or excessive use of force.
Whether it occurs during a reportable incident or not, shall verbally report the allegation to a custody supervisor as soon as possible, followed by appropriate documentation.
Identify the reasons institutional security requires key and tool control
Maintain safety and security, prevent is scapes, provide consistency, ensure accountability
What are the five key color codes used in institutions to the appropriate classification
Red- hot or emergency keys
Yellow or brass- specific positions
Green – personal keys or take home
Blue – specific person – institutional only
White – specifically for inmates
What are three key groups
Folger Adams, Spikes, the Southern steele
Identify the item used to check out keys, tools or equipment in order to maintain accountability
Chits
What are the two categories of tools known as critical in the institution
Escape priority and dangerous
Tools that can be used to cause injury such as knives axes or pliers
Dangerous tools
Tools such as lawnmowers, rakes, gardening tools, broom handles
Non-critical tools
Tools such as upholstery Staples, drills, routers and Sanders
Power tools
Tools needed by inmate electricians plumbers etc.
Emergency tools
Tools used for hobbies
Hobby craft tools
What are the two methods institutions used to keep control of keys and tools
Shadow boards and key boards
What are the three steps you take when equipment is missing and inmates have access to the area
Notify your supervisor immediately, stop everything you are doing, if inmates have any access to the area freeze all movement to stop the missing item from moving further away
Identify the ground rules east correctional piece of sir must be aware of to maintain safety and security of the institution
Maintain position of your issued keys at all times, never allowed inmates access to your keys, never leave keys lying around, personally hand keys from one person to another, never accept paper tags, do not duplicate keys, If a key breaks in a door contact your supervisor immediately and do not leave the key, never leave anything unsecured or unlocked
Identify the safety rules you need to follow to remain safe in the correctional setting
Be safe while opening doors, observe area around the door or door opening (check your 90s), place a foot in front of the door prior to unlocking, be familiar with your key ring, if you take the keys home accidentally, you will be required to bring the keys back to your institution, if you are negligent in handling Keys, you may be held financially responsible, never loan your chits to anyone, always inspect all equipment, always report any discrepancies immediately
Identify personal information considered confidential under the informational practices act
Any information that’s maintained by an agency that identifies or describes an individual by: name, Social Security number, physical description, home address, education, financial matters, medical history, employment history
Identify the files maintained by the department that you have a right to review according to the department operations manual
Personal file, supervisory file, training file
Identify the types of personal information department may withhold from you according to Civil Code
Investigations, criminal offense, I suspect the complaint, grievance or suspected civil offense, examinations for promotion, insurance claims, medical evaluation or claim settlements
Identify the appropriate response one personal information about an employee is requested
If the information being this close is relevant to the information being requested
If the information is received from sources other than the individual, that source must be identified
The information must be accurate and as complete as possible
The department show correct, update, withhold and delete any portion of a record believed to be in accurate or untimely when the record is transported out of the state government
Department must respond and assist in an individual’s request for personal records as soon as possible, and in a businesslike manner
Departmental employee shall not disclose personal information to unauthorized persons
Departmental employees so not seek or use personal information relating to others for their own interest or advantage
Departmental employee shall take all necessary precautions to protect the confidentiality of specific personal information, such as employee telephone numbers etc.
When departmental employees have a need to review your official personnel file, the reason for the review must be documented in a disclosure log and employee file
Identify how documents containing personal information about staff or inmates should be stored
It should be stored in a secure, lockable container at all times to ensure the security of sensitive information, inmates will not be used in the preparation and/or handling of records containing personal information of staff or inmates
Identify the person authorized to release information relative to the institution, cording to the department policy
It is against department policy to divulge any information pertaining to the staff were inmates to the media public information officer can only give information PIO
How does the information. Practices act apply to inmates information
Inmate information maintained by the department must also be safeguarded and may only be released in accordance with your duties
Identify the file and mates have the right to review
Olson caselaw 1974 – inmates have the right to review their own fall
Why is training essential
Develops proficiency, knowledge and skills to perform the duties as effective correctional officer, ensure compliance with department of programs, policy and procedures and professional development and career advancement
What are the requirements of caring and off-duty weapon
No weapon is allowed on institutional grounds, you must qualify quarterly at a certified range at your own expense, you must carry your state identification card and your certification card at all times when caring the off-duty weapon, you will be certified with a weapon your carrying
What questions should you ask when you receive your first assignment
What is the post number, what time does the shift start, do I relieve someone, where is the post located
What items are required for you to bring to the institution
Proper uniform, Bill, leather gear etc., ID card for CDCR,personal CPR mouth shield, whistle, weapons qualification card, protective vest, 8 to 10 chits
What items are permitted to bring into the institution
Personal keys, drivers license lunchbox, thermos or water, a notebook
What items are not authorized to bring into the institution
Briefcases, pocketknives, personal electronic devices, handbags, any extra clothing personal tools, glass beverage, personal restraint equipment hand cuff keys, personal weapons, newspapers, anything that might jeopardize the safety and security of the institution
What is the sequence of actions to take one reporting to your assignment
Sign in on the FLSA, received equipment, log book entries, read post orders, conducted security check
What is the policy of CDCR?
To accomplish the departmental functions with minimal reliance on the use of force, employees may use reasonable force as required in the performance of their duties, but shall not use unnecessary or excessive force.
What are the primary methods of exposure and types of diseases transmitted by that exposure
Body fluids (HIV, HBV, HCV) Skin contact (mrsa, cold/flu, lice/scabies) Airborne (TB, cold/flu)
What are the primary areas of the body most vulnerable to disease invasion
C- cuts
A- abrasions
M- mucous membranes
P- punctures
What are the primary methods of prevention of occupational exposure to blood borne, airborne and contact diseases
Correctional awareness, vaccinations, frequent handwashing, personal protective equipment, routine personal practices
How does being incarcerated affect a person’s right to freedom of speech and freedom of religion
Inmates have a right to speak against the government. However, California department of corrections can control such freedom of speech in investing a legitimate penological interest. California is prisons have facility chaplains that serve the religious needs of prison inmates. The prisons also provide reasonable accommodations for inmates to practice their own faiths.
What is the first amendment
Freedom of speech, religion, press, assembly, government
How does the fourth amendment relate to inmates in their visitors
Protection against unreasonable search and seizure. Courts have ruled that the peace officers can search inmates and the contents of their sales at anytime for any reason, as long as it is done without abuse or harassment
What are the rights provided to you by the fifth amendment
No person shall:
be required to answer for a capital or otherwise infamous crime unless a grand jury issues and indictment.
Be tried more than once for the same criminal offense a.k.a. double jeopardy.
Be compelled to testify against himself in a criminal matter.
Be deprived of life, liberty or property without due process of law
Beta private property for public use without just compensation
(Peace officers must inform the suspect of his or her right to remain silent and have a lawyer a.k.a. Maranda warnings)
Identify two examples of cruel and unusual punishment of inmates, which are prohibited under the eighth amendment
substandard conditions of confinement
Deny the basic necessities of life
Excessive force used on inmates
Failure to protect inmates from harm
How does due process under the 14th amendment relate to inmate classification in the California department of corrections and rehabilitation
An institution decides during classification where to place an inmate within the facility, including what custody the level of the inmate will be assigned to and what privileges he or she will have in prison.
An inmate is put in administrative segregation, temporary detention or protective custody
When subjecting an inmate to involuntary medication
When determining and inmates parole eligibility
The person cannot act to classify an inmate unless it first afford sufficient due process to the inmate true or false
True
Inmates may take court action if they believe California department of corrections and rehabilitation violet of their constitutional rights in two ways, what are they
A lawsuit filed under title 42 of the United States code section 1983
A petition for writ of habeas corpus a writ ordering a prisoner to be brought before a judge
What is the purpose of the three branches in the criminal justice system
Law-enforcement (arrest) – entryway into CJS (police, Sheriff, CHP etc.)
Judicial (litigate) – manage criminal/litigation process (attorneys, judges)
Directions (custody) – supervises juvenile/adult convicted felon
When may the department refuse your request for representation in inmate lawsuits
If it is determined that the case is the result of performance outside the scope of your duties
If it is determined that the case is the result of fraud, malice or corruption
If it would be a conflict of interest between California Department of Corrections and rehabilitation and it’s own policies
